Law

LEGISLATION ON HERITAGE PRESERVATION

Government of Macao

Statutory Order No. 83/92/M December 31

Given its historical and cultural value, Macao's architectural, natural and cultural heritage must be preserved. To this day, it bears unique testimony within Southeast Asia and the rest of the world. The destruction of this heritage, rooted in the coexistence of the two cultures which converged in the territory, would lead to the disappearance of its legacy.

Although the legislation that currently guarantees the protection of said heritage (Statutory Order No. 56/84/M, of June 30) has been revised, the adoption of certain provisions is justified.

To this end, a new category of buildings has been created: buildings of architectural interest. The basic regime concerning restricted use, fruition and availability of the cultural, architectural and historical heritage covered by Statutory Order No. 56/84/M, of June 30, will be applied to this category, with the necessary modifications.

At the same time, adjustments will be made to the classification lists, monuments, complexes and sites, and the corresponding list for the category of buildings of architectural interest, created by the present document, will be approved.

Under these terms;

The Cultural Council having been consulted;

The Advisory Council having been consulted;

The governor decrees the following, which is to have force of law in the territory of Macao, under the terms of Article 13, No. 1 of the Organic Statute of Macao:

Article 1

(Building of architectural interest)

1. The category of building of architectural interest is hereby created.

2. A building of architectural interest is one whose original architectural quality is representative of a significant period in the development of the territory.

Article 2

(Lists, graphic definition and protected zones)

1. The lists of designated monuments, complexes and sites, which constitute the annexes of Statutory Order No. 56/84/M, of June 30; Order No. 90/89/M, of May 31; as well as the graphic definition approved through Dispatch No. 7/86, of August 26, published in the Boletim Oficial (official bulletin) on August 30, now constitute Annexes Ⅰ, Ⅲ and Ⅳ of the present diploma.

2. Buildings designated as being of architectural interest under the terms of the present document are found in Annex Ⅱ of the present document.

3. The graphic definition, and the respective zones of protection of the designated monuments, buildings of architectural interest, complexes and sites constitute Annex Ⅴ of the present document.

Article 3

(Modification of lists)

The lists mentioned in the previous article may be modified by means of an order from the governor, upon consultation of the Cultural Institute of Macao and the Cultural Council.

Article 4 (Demolition and destruction)

1. Buildings designated as being of architectural interest may not be demolished.

2. If, for some reason, a building designated as being of architectural interest is destroyed and its owner wishes to build another structure on the property, the volume of that structure may not be greater than that of the building that was destroyed.

Article 5 (Works)

1. Buildings designated as being of architectural interest may be expanded, reinforced, modified, rebuilt and restored, as long as such work does not affect their original characteristics, namely with respect to the design and the façade.

2. The work mentioned in No. 1, and all other work for the purposes of repair or conservation that may be done from time to time, may only be authorized if deemed appropriate by the Cultural Institute of Macao.

3. For the purposes of the work mentioned in No. 1, the demolition of the interior of the building may be authorized under the conditions stated in No. 2.

Article 6 (Concept)

For the purposes of the provisions of the previous article, the Leal Senado, the Municipal Council of the Islands and/or the Department of Land Services, Public Works and Transportation, as the case may be, must send the Cultural Institute of Macao a copy of the respective work proposal.

Article 7 (Periodic works)

1. The owners or holders of buildings designated as being of architectural interest must undertake conservation, repair and restoration work periodically.

2. If the owners or holders of the buildings to which No. 1 refers do not carry out the work mentioned therein, the Cultural Institute of Macao may advocate work for the purpose of conserving the exterior and any other work that may be necessary to ensure the stability of the buildings.

Article 8 (Liability)

Under the conditions described in No. 2 of the previous article, the provisions of Nos. 3 and 4 of Article 8 of Statutory Order No. 56/84/M, of June 30, must be complied with, where applicable.

Article 9 (Alienation)

1. The Cultural Institute of Macao, as a representative of the government, must be given prior notice of the alienation of buildings designated as being of architectural interest. Notice must be given by registered letter and an acknowledgement of receipt must be issued, and the government shall have the right of preference, which prevails over that of any other legal preferent.

2. The Cultural Institute of Macao will inform the alienator within thirty days, if it intends to exercise the right of preference, and will renounce such right if it does not respond within that time period.

Article 10 (Expropriation)

The provisions of Article 9 of Statutory Order No. 56/84/M, of June 30, apply to buildings designated as being of architectural interest.

Article 11 (Sanctions)

1. Without prejudicing what is established in Statutory Order No. 79/85/M, of August 21, with respect to the undertaking of work without a licence, anyone who does not comply with the provisions of the present document regarding the demolition, conservation, repair or reinforcement of buildings designated as being of architectural interest will be subject to a fine of ten thousand patacas to one hundred thousand patacas, in accordance with the criteria set in No. 3 of Article 58 of that diploma, and the violator will not be exempt from possible criminal liability.

2. The President of the Cultural Institute of Macao, who reports to the governor, is responsible for imposing the fine provided for in No. 1.

Approved on November 18, 1992.

For the record.

Vasco Rocha Vieira, Governor

ANNEXES I, II, III and IV

List of designated monuments, buildings of architectural interest, complexes and sites.

Order No. 90/89/M May 31

The increase in construction that has occurred since the sixties, and the resulting densification of zones such as the Avenida de Horta e Costa, have decreased the value and cultural significance of buildings that are survivors of a time that is long gone, and are becoming more and more isolated from their original context.

Without prejudicing additions that may be made to the list of designated monuments, annexed to Statutory Order No. 56/84/M, of June 30, the present modification revises the description of elements that were designated under that document and is made for reasons that are obvious at the moment, given the significant development that this zone of the city has undergone over the past two years, and recognizing that a policy for the preservation of architectural heritage, in situations such as this, should not be an obstacle to the development of real estate.

Taking into consideration the provisions of Article 37 of Statutory Order No. 56/84/M, of June 30, and in accordance with the opinion of the Committee for the Protection of Urbanistic, Natural and Cultural Heritage;

The Advisory Council having been consulted;

By the power conferred by Paragraph (a) of No. 1 and by No. 2 of Article 15 of the Organic Statute of Macau, the Governor of Macao stipulates:

Article 1 --The list of designated monuments from Statutory Order No. 56/84/M, of June 30, with the graphic definition approved through Dispatch No. 7/86, of August 30, is now integrated into the annex of this Order.

Article 2 --The principal elements of the main façade of the building located at 3-C and 3-D Avenida de Horta e Costa must be maintained. The building is indicated on the attached plan, issued by the Department of Cartography and Cadastral Services under the number 16/89.

Government of Macao, May 25, 1989.

For the record.

Carlos Montez Melancia, Governor

Statutory Order No. 56/84/M June 30

Protection of architectural, natural and cultural heritage

The conservation and revitalization of the historical, cultural and architectural heritage of the territory is one of the government's concerns. An important step towards the realization of this objective was the creation of the Cultural Institute of Macao, which operates in the areas of cultural heritage, cultural work, training, and research, in order to take coordinated action with respect to culture.

The experience acquired over the years since the publication of the first document in which the safeguarding of the territory's cultural heritage was contemplated, leads to the consideration that it is essential to reformulate the classifications, redefine the zones in which designated cultural property is to be protected, and modify the structure and operational practices of the administrative body that has responsibilities in this area.

In addition, in a global strategy aimed at the conservation of cultural heritage, tax considerations are particularly important, as a way of preventing the demolition of designated buildings or buildings that are included in complexes, in designated sites or in protection zones, and as a means of encouraging their restoration.

Given the specific characteristics of the territory of Macao, a place where two civilizations have coexisted for over four centuries, the measures that are being advocated may in the future be an important factor in the conservation of its cultural heritage.

In fulfillment of one of the resolutions expressed in the heritage preservation policy for the current year, and in keeping with what has been prescribed in No. 2 of Article 12 of Statutory Order No. 43/92/M, of September 4,

The Advisory Council having been consulted,

By the power conferred by No. 1 of Article 13 of the Organic Statute of Macao, promulgated by Constitutional Act No. 1/76, of February 17, the Governor of Macao decrees the following, which is to have force of law in the territory of Macao:

CHAPTER I

General principles

SECTION I

Creation, responsibilities and competency

Article 1 (Creation)

The Committee for the Protection of Architectural, Natural and Cultural Heritage is created, under the terms of No. 2 of Article 12 of Statutory Order No. 43/92/M, of September 4, to replace the Committee for the Protection of Macao's Urbanistic, Natural and Cultural Heritage. This body will play a technical and advisory role within the Department of Cultural Heritage of the Cultural Institute of Macao.

Article 2 (Responsibilities)

1. The Committee's role will be to support the safeguarding of the territory's cultural heritage, namely by issuing opinions on all matters submitted for its consideration, either through a provision of the Act or through a decision by the president of the Institute's Executive Committee.

2. The following are also responsibilities of the Committee:

a) to evaluate plans and proposals for taking inventory of the territory's cultural and natural heritage, and for studying, classifying and safeguarding it;

b) to collaborate on the definition of directives dealing with the conservation and development of heritage property and, jointly with the relevant departments, to ensure the restoration and adequate fruition of that property.

3. The Committee may, on its own initiative, submit proposals and make suggestions regarding the safeguarding of cultural heritage.

Article 3 (Competency)

In the fulfillment of its responsibilities, the Committee must in particular:

a) issue opinions on the classification, or the review of the classification, of monuments, complexes and sites of significant archaeological, ethnological, scientific, historical, architectural, artistic or natural value;

b) issue opinions on the delimitation of designated complexes and sites, and of the zones in which designated cultural heritage property is to be protected;

c) issue opinions on proposed work or repairs to be done on designated monuments, complexes and sites in the respective protected zones;

d) provide an opinion on the proposed use of designated monuments, structures that are integrated into designated complexes, and structures that are integrated into designated complexes that are in the public domain, and on their layout and decoration;

e) provide an opinion on the advisability of using the right of preference in cases of alienation of designated monuments, or of structures and lands that are part of designated complexes and sites, or that are included in protection zones;

f) as directed by the chairman of the Institute's Executive Committee, provide technical support for work to be done on designated monuments, complexes and sites, and in protected zones, and recommend the suspension of any unauthorized work or work that has been authorized but is being performed incorrectly or inadequately;

g) issue opinions on proposed orders, urbanization projects and detailed studies conducted by individuals or implemented by the government that may in any way affect designated cultural and natural heritage property, and participate in the work of committees or working groups that have received a mandate from the government of the territory to develop them;

h) collaborate with other entities, both public and private, to ensure that urbanization plans and proposed orders take into account the protection of cultural property and are coordinated with the special safeguarding plans that already exist and those yet to be developed;

i) provide an opinion on the organization and regular updating of the systematic inventory of the territory's cultural heritage property, as well as on the methodology to be used, the coordination of inventory, cataloguing and recording efforts, and the dissemination and publication of the data collected;

j) provide an opinion on appropriate measures for promoting and highlighting the cultural and educational value of cultural heritage property, such as incentives and use rights, while taking into account the socioeconomic value of that property.

Article 4 (Cultural heritage)

1. For the purposes of the present document, the following are considered cultural heritage property:

a) Monuments: monumental architectural works, sculptures and paintings; inscriptions; elements; groups of elements or structures that have special archaeological, historical, ethnological, artistic or scientific value.

b) Complexes: groupings of structures and spaces that have special architectural, urbanistic, historical or sociocultural value because of their architecture, their unity, their integration into the landscape or their social homogeneity.

c) Sites: works created jointly by people and nature that have special value because of their beauty or their archaeological, historical, anthropological or ethnological interest.

d) Immovable property of cultural significance that represents the expression of, or testifies to, human creation or the evolution of nature or technology, including that which is found within immovables or has been removed from them, is buried or submerged, or is found in places of archaeological, historical, ethnological, scientific, technical or documentary interest.

e) Paintings, sculptures, drawings, texts, archaeological artifacts, and utensils or objects used in the past or the present, that have artistic, archaeological, ethnological, historical, scientific, technical and documentary value.

f) Valuable manuscripts, rare books and other printed materials (especially incunabula), documents and publications that have special interest, including photographic and cinematographic artifacts, sound recordings and others.

g) All other property, of the past and present, of religious or secular nature, that may be considered valuable from the point of view of prehistory, archaeology, history, ethnology, literature, art and science.

2. Non-material cultural heritage property is property that, although part of the cultural traditions of the territory, is not in material form, and must be recorded graphically and audiovisually in order to be preserved and disseminated.

SECTION II

Designated monuments

Article 5 (List of monuments already designated)

Monuments that have already been designated in the territory of Macao, including buildings that have the characteristics indicated in Article 4, No. 1, Paragraph a), are included in the list annexed to the present document.

Article 6 (Safeguarding and use of monuments)

1. Designated monuments may not be destroyed, in whole or in part, nor modified, expanded, reinforced or repaired without the authorization of the governor, upon consultation of the Committee.

2. The Committee must also issue an opinion on the proposed use of designated monuments.

Article 7 (Alienation of designated monuments)

1. The alienation of designated monuments must always be reviewed by the Committee and authorized by the government. The government may use the right of preference with a view to integrating the designated monument into the territory's public domain, and that right prevails over that of any other legal preferent.

2. Notaries may only seal public deeds for the alienation of designated monuments when they are presented with an authentic copy of the dispatch that authorizes it.

Article 8 (Conservation of designated monuments)

1. Owners or holders of designated monuments who are responsible for their conservation must undertake the work that the government, upon inspection of the monuments and consultation of the Committee, may consider necessary to safeguard them.

2. The inspection referred to in No. 1 will be carried out by three experts. Two of them will be appointed by the Committee and the third by the owner or holder of the monument in question.

3. If the work referred to in No. 1 is not begun or finished by the set date, the government may decide to have it performed by the government department concerned, and it may cover the cost on behalf of the owners, the holders or the department if the owners or holders show that they do not have the means to pay for the work.

4. Credits resulting from expenses incurred in carrying out the work referred to in No. 3 have priority over the respective monuments, with precedence over tax revenue.

Article 9 (Expropriation of designated monuments)

Upon consultation of the owner and the Committee, the government may advocate the expropriation of designated monuments if their conservation is at risk and the owner is responsible for the situation.

SECTION III

Designated complexes

Article 10 (List of complexes already designated)

Complexes that have been designated in the territory of Macao are included in the list annexed to the present document.

Article 11 (Preservation of immovables)

1. The Committee must issue an opinion on the proposed: construction of immovables in designated complexes; destruction of designated complexes, in whole or in part; and modification of immovables included in such complexes.

2. An opinion will be considered issued if the Committee does not issue one within the time frame prescribed in No. 1 of Article 34, unless the governor authorizes an extension of the deadline.

Article 12 (Alienation of immovables or lands)

1. The alienation of immovables or lands included in designated complexes must always be reviewed by the Committee and authorized by the government. The government may use the right of preference with a view to integrating the immovables or lands into the territory's public domain, and that right prevails over that of any other legal preferent.

2. The provisions of No. 2 of Article 7 apply in this case.

SECTION IV

Designated sites

Article 13 (List of sites already designated)

1. Sites that have already been designated in the territory of Macao are included in the list annexed to the present document.

2. In addition to the sites referred to in No. 1, trees of significant size, beauty and rarity constitute elements of manifest public interest. For this reason, the proposed removal or alteration of such trees must be reviewed by the Committee.

Article 14 (Development of designated sites)

1. The Committee must review proposals for the following work within the perimeter of designated sites:

a) construction of new buildings or facilities;

b) reconstruction, modification, expansion, reinforcement, repair or demolition, in whole or in part, of existing structures.

2. The provisions of No. 2 of Article 11 apply in this case.

SECTION V

Protected zones

Article 15 (Definition)

A protected zone is the natural or man-made surroundings of designated monuments, complexes and sites, which are related to them for reasons of spatial or aesthetic integration, constituting an indispensable part of the property.

Article 16 (Development in protected zones)

1. Proposals for the following must be reviewed by the Committee before work can be authorized in zones in which designated monuments, complexes and sites are to be protected: demolition; new construction; the modification, expansion, reinforcement or repair of immovables found in those zones. The provisions of No. 2 of Article 11 apply in this case.

2. In cases where it is duly justified, the government may, subject to a review by the Committee, define areas non aedificandi in the protected zones in which no new construction will be allowed. The owners of lands on which construction is prohibited are guaranteed the right to request their expropriation in accordance with the legislation in effect concerning the expropriation of public property.

3. The Department of Cultural Heritage, upon consultation of the Committee, will propose general standards that architectural projects must meet before construction or reconstruction may proceed within protected zones.

Article 17 (Publicization of protected zones)

Subject to the approval of the governor, the Cultural Institute of Macao will promote the dissemination of maps that clearly define the protected zones of designated cultural property.

SECTION VI

(Tax incentives for the conservation and restoration of cultural heritage property)

Article 18 (Scope)

For the purposes of this section, "designated buildings" are not only designated buildings as such, but also buildings included in designated complexes and sites, and in protected zones, pursuant to the legislation that may be in effect.

Article 19 (Urban property tax)

1. Designated buildings that have undergone conservation or restoration work costing 50,000 patacas or more are exempt from the urban property tax as long as they are kept in good condition.

2. For the purposes of No. 1, only work that meets with the approval of the Cultural Institute of Macao will be considered. The Institute must issue an opinion within 30 days of receiving proposals. If it does not communicate with the interested parties within that time, the work will be considered tacitly approved.

3. The Cultural Institute of Macao will confirm the inclusion of a given property on the list of designated buildings, the performance of work and the cost of such work, for the purposes of the exemption provided for in No. 1 of this article.

Article 20 (Urban property tax - temporary exemptions)

1. The temporary exemptions provided for in Article 9 of the Urban Property Tax Regulations will only apply to designated buildings if they are in keeping with the urbanistic characteristics of the zone.

2. The Cultural Institute of Macao is responsible for ensuring that the requirements associated with No. 1 are met in order for exemptions to be granted.

Article 21 (Industrial contribution)

1. The industrial contribution tax payable by commercial or industrial establishments located within designated buildings will be reduced by half if the owners of those buildings have carried out conservation or restoration work.

2. The reduction provided for in No. 1 will remain in effect for a period of five years following the completion of conservation or restoration work.

3. For the purposes of Nos. 1 and 2, the conservation work must cost at least 50,000 patacas and must be certified by the Cultural Institute of Macao.

Article 22 (Supplementary income tax and professional tax)

1. Purchases and sales of designated buildings conducted while the buildings are exempt from the urban property tax, under the terms of Article 19, are exempt from supplementary income tax.

2. Expenses incurred in the conservation or restoration of designated buildings may be deducted, over a period of 10 years, from supplementary tax payments to be made by individuals or entities who have helped finance the projects, whether they be owners or tenants of the buildings, as long as the requirements established in No. 2 of Article 19 of this document are met.

Map of classified heritage sites on the island of Taipa, according to the list contained in Decree Law 83/92/M. (Produced by the Board of Cartography and Records Services for the Cultural Heritage Department of the ICM)

3. If the income of the beneficiaries mentioned in No. 2 is not subject to supplementary tax, the deduction will be applied to their professional tax payments for a period of five years.

4. In the cases provided for in Nos. 2 and 3, the deductions will begin to be applied to tax payments made the year in which the work is completed, unless tax returns for that year have already been processed, in which case the deductions will be applied to tax payments made the following year.

Article 23 (Land transfer, succession and donation taxes)

1. Designated buildings are exempt from any land transfer, succession and donation taxes associated with transfers that occur while they are exempt from the urban property tax, under the terms of Article 19.

2. The exemptions provided for in No. 1 do not apply if the buildings are demolished within 10 years of the transfer, in which case the taxes mentioned in No. 1 will become due.

Article 24 (Indirect taxes)

The importation of materials and equipment specifically for conservation and restoration work to be done on designated buildings is exempt from all taxes that may apply under the terms of the legislation in effect, as long as the work has been favourably received by the Cultural Institute of Macao.

Article 25 (Granting of advantages)

1. The tax advantages provided for in this document must be requested by the entities that benefit from them, by means of an application accompanied by sufficient proof of the substantiating facts.

2. Upon the request of the interested parties, the Cultural Institute of Macao will issue, within 15 days, a document confirming the state of conservation of the building for the purposes of renewing the advantages provided for in this document.

Article 26 (Changing of limits)

The minimum limits set in No. 1 of Article 19 and in No. 3 of Article 31 of the present document may be changed by means of an order from the governor, subject to a proposal from the Cultural Institute of Macao.

SECTION Ⅶ

Archaeological finds and other cultural heritage property

Article 27 (Archaeological finds)

1. When ruins, inscriptions, coins or other objects of archaeological, historical, ethnological or artistic value are found on public or private lands, during digs or other work, the Cultural Institute of Macao must be notified immediately and the respective work must by suspended until the Committee proposes appropriate measures.

2. The objects referred to may be acquired by the government or public law entities in order to be properly stored in a museum or another appropriate site.

Article 28 (Traditional building or decorative elements)

Traditional building or decorative elements that are of historical, artistic, ethnological or technological interest and have been removed from demolished buildings may also be acquired by the government or public law entities, and the Cultural Institute of Macao will study the possibility of reusing them.

SECTION Ⅷ

Architectural projects

Article 29 (Qualifications of technical personnel)

Architectural plans for work to be done on designated monuments, complexes and sites, and in the respective protected zones, must be produced and approved by architects, who will be responsible for managing the work process.

CHAPTER Ⅱ

The Committee

SECTION Ⅰ

Composition and responsibilities

Article 30 (Composition)

1. The Committee will be chaired by the chairman of the Executive Committee of the Cultural Institute of Macao, and its members will include the head of the Department of Cultural Heritage of the Cultural Institute and six voting members appointed by the governor from among residents of known merit and prestige.

2. Voting members will be appointed for one-year periods, which may be renewed, and they may be replaced at any time.

3. Subject to a proposal by the Committee, and with the authorization of the governor, individuals who have special expertise in matters under consideration may be added to the Committee temporarily, and they may vote on such matters.

4. The chairman of the Executive Committee of the Cultural Institute of Macao may delegate the chairmanship of the Committee to the head of the Department of Cultural Heritage.

Article 31 (Chairman)

The chairman of the Committee is responsible for:

a) overseeing the Committee's work, and acting as a coordinator between its members;

b) calling meetings and setting the agenda;

c) distributing documents to be considered by the voting members, who are to be given the responsibility of preparing draft opinions;

d) presenting matters that require a decision from a higher level to the Institute's Executive Committee;

e) casting the deciding vote when necessary;

f) performing the other duties of voting members.

Article 32 (Voting members)

The Committee's voting members are responsible for:

a) preparing suggestions on matters on which the Committee must issue an opinion;

b) discussing matters submitted for the Committee's consideration and voting on those matters;

c) advocating the protection of the territory's architectural, natural and cultural heritage, and proposing measures for the protection, conservation, restoration, animation and revitalization of that heritage.

SECTION Ⅱ

Operation of the Committee

Article 33 (Operation of the Committee)

1. The Committee usually meets once a week, on a day set by the chairman, as well as when circumstances dictate it or when the majority of the members request a meeting.

2. The Committee may hold meetings and discussions as long as the majority of its members are present.

3. Minutes of the Committee's meetings will be produced and signed by the members who were present and by the officer responsible for producing them.

4. To allow timely review of matters under consideration, the Committee may requisition documents it may deem necessary from government departments.

Article 34 (Issuing and approval of opinions)

1. The Committee will have up to a month to issue opinions once it receives the related documents. The opinions must contain a clear and concise explanation of the matter under consideration, and state the reasons behind the position taken.

2. The opinions referred to in No. 1 will be subject to approval by the governor or the body to whom he may delegate that responsibility, through the chairman of the Executive Committee of the Cultural Institute of Macao.

Article 35 (Elements of the project)

To ensure a quick and proper evaluation of documents submitted to the Committee for an opinion, when those documents concern a modification they must contain a drawing showing all the sections in the conventional colours, as well as the following elements:

a) a typographic plan on a scale of 1:1000 that clearly indicates the location of the building to be built or modified, as well as the arrangement of streets;

b) elevations on a minimum scale of 1:100, the main one indicating the continuation of the façades of adjacent buildings within at least 10 metres, if applicable;

c) drawings of the main features of the façade on a minimum scale of 1:20;

d) a photograph of the location;

e) a description and explanation of the work to be done, and the materials and colours to be used on the façades.

CHAPTER Ⅲ

Final provisions

Article 36 (Duty and cooperation)

1. It is the duty of public and private bodies to give the Committee, through the Cultural Institute of Macao, any assistance it may need to fulfill its responsibilities.

2. Public departments must all work together to protect designated monuments, complexes and sites. To this end, they must inform the Institute of any risks to the integrity of said property and anything else they may deem appropriate.

Article 37 (Modification of lists of designated property)

The lists of designated monuments, complexes and sites may be modified pursuant to an order from the governor, upon consultation of the owners in the case of immovables belonging to private individuals.

Article 38 (Exchange)

The governor may conclude agreements with the owners of designated monuments, or buildings or lands included in complexes, sites and protected zones, for the exchange of their property for public lands, under the provisions of the Lands Act regarding concessions.

Article 39 (Interpretation)

Any uncertainty that may arise in the application of the present document will be clarified by means of a dispatch from the governor.

Article 40 (Revocation of previous diplomas)

Statutory orders 34/76/M and 52/77/M, of August 7 and December 31, respectively, are hereby revoked, as well as all other provisions that may contradict this diploma.

Signed on June 26, 1984.

For the record,

Vasco de Almeida e Costa, Governor.

ANNEX

List of Designated Monuments, Buildings, Complexes and Sites.

Map of classified heritage sites in island of Coloane, according to the list contained Decree Law 83/92/M. (Produced by the Board of Cartography and Records Services for the Cultural Heritage Heritage Department of the ICM)

Order No. 206/77/M December 31

The operating budget of the Lin Fong Mio Pagoda for the 1978 fiscal year having been submitted for the approval of this government;

The government's Advisory Council having been consulted;

By the power conferred by Paragraphs (b) and (e) of No. 1 of Article 15 of the Organic Statute of Macau, promulgated by Constitutional Act No. 1/ 76, of February 17, the Governor of Macao orders:

Single article - The operating budget of the Lin Fong Mio Pagoda for the 1978 fiscal year, which is an integral part of this order and is signed below by the respective executive, is approved and will go into effect on January 1, 1978, under the terms of Article 571 of the Overseas Administrative Reform (Reforma Administrativa Ultramarina). The revenue and expenses for the 1978 fiscal year have been estimated at $12,400.00.

Government of Macau, December 28, 1977 - José Eduardo Garcia Leandro, Governor.

    No.of   

    items   

                     Item                             

                                                      

   Amount   

            

                                REVENUE                                         
      1      Probable balance from the previous year                $     200.00 
      2      Revenue from immovables                                $ 10,200.00 
      3      Donations                                              $  2,000.00 
                                                             Total  $ 12,400.00 
                                EXPENSES                                        
      1      Legal costs (administrative tribunal)                  $    100.00 
      2      Property taxes and rent                                $    900.00 
      3      Insurance and conservation of immovables               $  2,300.00 
      4      Festivities                                            $  1,700.00 
      5      Ornaments and utensils for altars                      $    400.00 
      6      Subsidy for the maintenance of the free school         $  6,000.00 
      7      Miscellaneous expenses                                 $  l,000.00 
                                                             Total  $ 12,400.00 

Macau, November 22, 1977- Kóng su kân, Director- Kuok Hoi, Secretary- Chu Io Wing, Treasurer.

Statutory Order No. 52/77/M December 31

Since the records referred to in Article 2 of Statutory Order No. 34/76/M, of August 7, must be kept up to date, in accordance with what is stipulated in No. 1 of Article 4 of the same order;

Following a proposal by the Committee for the Protection of Macao's Urbanistic, Natural and Cultural Heritage;

The government's Advisory Council having been consulted;

Using the power conferred by No. 1 of Article 13 of the Organic Statute of Macao, promulgated by Constitutional Act No. 1/76, of February 17, the Governor of Macao decrees the following, which is to have force of law in the territory of Macao:

Article 1 - The following elements are included in the list of Macao's designated heritage property:

In Section A-Ⅱ:

The pawnshop tower at 64 Rua 5 de Outubro;

The pawnshop tower at 6 Rua S. Domingos;

The pawnshop tower at 3 Travessa das Virtudes;

The building with no number that currently houses the Leng Nam school atop of S. Januário Hill in the section bounded by Parsee street, also known as Vila Alegre;

The Health and Social Services building, which has no number, on Avenida do Conselheiro Ferreira de Almeida;

Na Tcha Temple, on Calçada das Verdades.

In Section A-Ⅲ:

The Protestant Cemetery of the British East India Company, beside the Camões Museum.

In Section A-Ⅳ:

The building at 62-64 Avenida da República, which currently houses the Caravela Hotel, and its gardens;

The trees on the belvedere in the gardens of the Santa Sancha Palace;

The trees on the spur of the wall of the Bomparto Fort;

A large tree, 18.40 metres high, located on the left as you climb the access ramp to the Bela Vista Hotel, which starts on Avenida da República, 7.30 metres from the railing of the said ramp and 17.60 metres from the last step of the 16-step lateral staircase;

The trees in the Largo da Sé;

The trees on the site of the Centro Democrático de Macau, which is located on Avenida da República but has no door number;

The blazoned rock by Lin Fong Pagoda;

The blazoned rock by the steps leading to Mong Ha sports field;

The trees on Avenida Almirante Lacerda;

The trees in Praça d'Ávila.

Article 2 - The house located at 1 Rua Ferreira do Amaral is removed from Section A-Ⅱ of said list.

Article 3 - Articles 11 and 15 of Statutory Order No. 34/76/M, of August 7, are modified and will now read:

Art. 11 - "The urbanistic complexes of public interest referred to in A-Ⅲ, B-Ⅱ and C-Ⅱ of Article 2 must maintain their current physiognomy, which cannot be modified without prior review by the Committee."

Art. 15 - "The sites of scenic or natural interest referred to in A-Ⅳ and C-Ⅲ of Article 2 cannot be alienated, in whole or in part, and their physiognomy cannot be modified without prior review by the Committee."

Signed on December 28, 1977.

For the record.

José Eduardo Garcia Leandro, Governor.

Government of Macau

Statutory Order No. 34/76/M August 7

The city of Macao, a meeting place of two civilizations and cultures, has characteristics that, notwithstanding progress and the need to keep up with the times, must be preserved in order to maintain the character that distinguishes Macao from the other population centres of the region in which it is located. If some types of architecture, urbanistic complexes and landscapes were to disappear or be modified, a city of historical interest, marked by various urbanistic concepts over a period of four hundred years under Portuguese administration, would run the risk of being transformed into a population centre that is just like all the others, with the same types of buildings, ones that developed upward because they lacked space to develop outward, and that repeat, in a world that is experiencing rapid growth, the same uniformity of line that, in different latitudes and in different countries, always make one city look like many others. Macao still has some evidence of secular development, which distinguishes it and makes it appealing to tourists, because it has characteristics of a Mediterranean city but is set in a geographic zone that is completely different from that in which some of the urban centres that inspired its design and many of its buildings are located. The loss of property that has cultural and aesthetic value, as well as value for tourism, is thus unacceptable. Such property is important and is becoming more and more rare given the requirements of modern urbanistic concepts. To keep it from being swept away by a wave of modernization, which the city must accept to a certain point, but which must not lead to the elimination of the legacy left by previous generations, this document prescribes measures to allow Macao to evolve as a city without losing the heritage that, even today, gives it value, and to preserve and protect that heritage from depredation and modifications that could destroy this artistic and scenic value.

Following a proposal from the committee responsible for classifying Macao's artistic heritage, protecting it and proposing its development, appointed by a dispatch on May 4, 1974;

(...)

Using the power conferred by No. 1 of Article 13 of the Organic Statute of Macao, promulgated by Constitutional Act No. 1/76, of February 17, the Governor of Macao decrees the following, which is to have force of law in the territory of Macao:

Article 1 - The sites, buildings and objects that correspond to the following classifications are to be considered property of public interest, which is of universal importance to all the inhabitants of the territory Macao:

1. buildings of historical interest;

2. urbanistic complexes, buildings, inscriptions and vestiges that constitute representative evidence of ancient peoples or periods in Macao's history;

3. sites of scenic or natural interest, including green zones, groups of trees or single trees whose size is especially worthy of notice;

4. sites that contain objects or vestiges of anthropological, archaeological or historical interest;

5. objects of historical or documentary interest found on the sites referred to in No. 4.

Article 2 - The following are designated as sites, complexes and buildings to be preserved in the territory of Macao:

(...)

ON THE ISLANDS

Buildings, complexes and sites of public interest on the islands

B - TAIPA

Ⅰ - Single buildings that constitute representative evidence of ancient peoples or periods in Macao's history

The temple at Kun Iam grotto;

The fort next to the dock.

Ⅱ - Urbanistic complexes that constitute representative evidence of ancient peoples or periods in Macao's history, and sites of scenic or natural interest

The Church of Nossa Senhora do Carmo, including the churchyard and grounds;

The Avenida da Praia, including the trees and public buildings along it.

Ⅲ - Sites of scenic or natural interest, including green zones, groups of trees or single trees whose size is especially worthy of notice

The trees in Largo Tamagnini Barbosa.

C-COLOANE

Ⅰ - Single buildings that constitute representative evidence of ancient peoples or periods in Macao's history

Tam Kong Temple;

Tin Hau Temple;

Both in Coloane village.

Ⅱ - Urbanistic complexes that constitute representative evidence of ancient peoples or periods in Macao's history

The Church of St. Francis Xavier, and the square in front of it, including the buildings and trees around the square.

Ⅲ - Sites of scenic or natural interest

The Avenida 5 de Outubro.

Ⅳ - Zones of archaeological interest

The archaeological station at the south end of Hac Sa Beach.

Article 3 - 1. A standing committee is hereby created, consisting of five members chosen by the governor. It will be called the Committee for the Protection of Macao's Urbanistic, Natural and Cultural Heritage and will operate within the Cabinet Office, reporting directly to the governor, who may instruct it to temporarily accept other members, depending on the nature or significance of the matters under consideration.

2. The Committee mentioned in No. 1, which from here on will be referred to in this diploma simply as the "Committee", will be chaired by its five permanent members on a rotating basis, for a period of six months each.

Article 4 - The Committee has the following duties and responsibilities:

1. to classify the sites, buildings and complexes referred to in Article 1;

2. to organize and update the records related to the complexes, buildings, structures, sites and objects referred to in the same article;

3. to be consulted and to issue opinions on all works and urbanistic plans, demolition, and embankments in riverine zones that may affect the property to be preserved, under the terms of this diploma;

4. to monitor all archaeological, historical or ethnographic work that may be done in the territory of Macao, whether by nationals or foreigners;

5. to collaborate with the Information and Tourism Centre to promote the territory's natural, architectural and cultural property, and make it known to tourists;

6. to ensure that an office is set up to document all the property referred to in Article 1, seeing to it that the property's setting and characteristics are recorded in detail before any of it is destroyed or disappears;

7. to encourage or support the development of papers, leaflets or other publications dealing with the property for which it is responsible, and to oversee the publication of the most significant ones;

8. to select the objects of museological interest referred to in No. 4 of Article 1, and propose their distribution among the museums that currently exist in Macao and those yet to be founded;

9. to propose other initiatives it may deem appropriate for the protection of the urbanistic, natural and cultural heritage of the territory, over and above the responsibilities mentioned in No. 2 of this article.

Article 5 - The Committee must meet once a month, as well as when circumstances demand.

Article 6 - A record of the minutes of the Committee's meetings will be kept in the Cabinet Office, and the most important conclusions of those meetings will be communicated to the departments or bodies that are directly concerned by them.

Article 7 - The Committee may ask all of Macau's government departments to provide the data or information it may require to perform the duties it has been assigned through this diploma.

Article 8 - A member of the Committee for the Protection of Macao's Urbanistic, Natural and Cultural Heritage must always participate in the work of all committees whose objective is to develop or discuss master plans of the city of Macao or the islands.

Article 9 - The buildings of historical interest referred to in A-I of Article 2, as well as all buildings belonging to the State in list A-Ⅱ of the same article, are part of the territory's heritage, are inalienable and may not be destroyed, in whole or in part, and their exteriors may not be modified.

Article 10 - 1. There will always be a protected zone, to be defined in a diploma, around every building that is considered as being of historical interest.

2. All buildings built in the protected zones referred to in No. 1 must blend in with the surroundings and be in harmony with the whole, and work planned for those zones may only be performed if it has been favourably received by the Committee.

3. The installation of temporary structures may, however, be authorized in those zones for the purposes of tourism, but the structures must be designed and placed in such a way that enhances the surroundings, and their proposed design and placement must be submitted to the Committee for an evaluation and an opinion.

4. As long as the boundaries of the protected zones referred to in No. 1 of this article remain undefined, these zones will consist of a circular areas with a radius of 100 metres, centred on the buildings to be preserved.

Article 11 - The current physiognomy of the urbanistic complexes of public interest referred to in A-Ⅲ, B-Ⅱ and C-Ⅱ of Article 2 must be maintained, and may not be modified without the approval of the Committee.

Article 12 - If a privately owned building is to be demolished, and that building is found on lists A-Ⅱ, B-Ⅰ and C-Ⅰ of Article 2 or is integrated into an urbanistic complex referred to in lists A-Ⅲ, B-Ⅱ and C-Ⅱ of the same article, the Government of Macau reserves the right to acquire it, and has preference over every other potential buyer.

Article 13 - Only structures that can be dismantled may be installed in the open spaces considered in A-Ⅲ, A-Ⅳ, B-Ⅱ, C-Ⅱ and C-Ⅲ of Article 2 of this diploma as being of urbanistic or scenic or natural interest. Such structures must be approved by the Committee and may be removed at any time.

Article 14 - The trees on lists A-Ⅲ, A-Ⅳ, B-Ⅱ, B-Ⅲ, C-Ⅱ and C-Ⅱ of Article 2 may not be destroyed.

Article 15 --Cases that have been omitted from this document will be resolved through a dispatch from the governor, upon consultation of the Committee.

Signed on August 4, 1976.

For the record.

José Eduardo Garcia Leandro, Governor.

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